[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 265-80 (Ch. IV, Sec. 4-1, of the 1986 Revised General Ordinances)]
The purpose of this article is to license and regulate the operation of amusement or entertainment machines and devices and machine jukeboxes and pool tables when employed for amusement or entertainment on a commercial basis. Because these machines and devices may become a public nuisance by reason of the manner in which they are operated, it is hereby determined by the Township that control and regulation of such machines and devices is necessary for the protection and preservation of the public safety, morals and welfare.
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
- Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening, or by the payment of any price, operates or may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, without limitation, such devices as skillball, marble machines, pinball machines and any electronic or mechanical game machines, devices, operations or transactions similar thereto, under whatever name they may be called, and any pool or billiard table or any bowling games. It shall also include, without limitation, any machine or device commonly called a "peep-show" and any machine or device commonly called a "kiddie-ride."
- LICENSED PREMISES
- The entire premises, including, without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities, owned by or controlled by the operator of machines or devices regulated by this article.
- MACHINE JUKEBOX
- Any music vending machines, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated by the public generally for the emission of music, songs or similar amusement and shall include, without limitation, what is commonly called "children's mini-cartoon theatres."
- Any natural person, partnership, firm, association, corporation or any other entity which owns, leases, operates or controls premises or a location within the Township in which any machine jukebox or amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
- Any natural person, partnership, firm, association, corporation or other entity.
No operator of a machine jukebox or amusement or entertainment machine or device or a pool or billiard table shall operate such machine, device or table within the Township without first having obtained from the Township a license to so operate.
Each application for a license hereunder shall be filed with the Township Clerk in duplicate and shall specify:
The name, address, social security number and telephone number of the applicant, and if a firm, corporation, partnership, or association, the principal officers and owners (stockholders) thereof, and their addresses, social security numbers and telephone numbers.
The address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
If a corporation, the name, address, and social security number of the registered agent of the applicant upon whom service of process is authorized to be made.
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in Mine Hill Township.
With respect to each person whose name appears on the application:
The fact of conviction in any jurisdiction of any criminal offense under which the New Jersey Code of Criminal Justice is an offense or crime, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings, and penalty imposed; and
Each such person shall voluntarily submit to the taking of his fingerprints, so that a proper investigation will be expedited.
The trade name and general description of the device or devices, machine(s) and table(s) to be licensed, the name of the manufacturer and the serial number of each such device.
The name, address and telephone number of each distributor, if any, from whom the operator leases, rents, purchases or otherwise secures the machine(s), device(s), and/or table(s) used by the operator. The general terms pursuant to which distributor supplies such machine(s), device(s) and/or table(s) shall be disclosed, particularly the manner in which the distributor is compensated, i.e., fixed charge of rental or on the basis of division of income, etc.
The application shall contain a certification under oath, made by the applicant, that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
The Clerk shall promptly forward a copy of the application to the Chief of Police and the Construction Code Official for investigation, review and reports.
The purpose of this investigation shall be to establish that the applicant is capable of conducting the proposed business of distributing or operating amusement devices within the Township in a manner consistent with the public safety, good morals and general welfare of the community and that all those persons involved in such business can reasonably be expected to operate the proposed business in accordance with law and free from gambling and other illegal or immoral conduct and unwarranted noise and commotion.
No operator's license shall be granted unless the licensed premises shall meet all requirements of the fire, housing, building, sanitary, electrical and plumbing codes of the Township and any and all other chapters of this Code of the Township governing use and occupancy of premises within the Township.
If, as a result of the investigation and reports of the Chief of Police and Construction Code Official, and review in general of the application by the Chief of Police, there appears to be no reason for withholding or denying approval, the license shall be signed by the Mayor, Chief of Police and Township Clerk and issued by the Clerk to the applicant. Except for good cause and unusual circumstances, a decision on approval or denial of the application shall be made within 30 days of the filing of the application.
If the license is denied, 75% of the fee shall be returned to the applicant, the balance going to offset the costs of the investigation. The grounds for denial shall be set forth in writing. The applicant shall be entitled to a hearing before the Mayor within 15 days of the denial of the license, if so requested by the applicant, at which time the applicant may submit pertinent information on behalf of the applicant. The applicant shall be given 10 days' notice of the date of such hearing. The Chief of Police, Construction Code Official and any other person having information regarding the application shall also be afforded the opportunity to submit relevant information at such hearing.
Any operator who controls, owns or is using any machine, device or table regulated by this article shall, within 45 days of the effective date of this article, make application of an operator's license pursuant to the requirements hereof. Any person or any other entity who for the first time seeks, as an operator, to operate a machine, device or table regulated by this article, or who seeks to operate an additional machine(s), device(s) or table(s) not in operation as of the effective date of this article, shall secure a license pursuant to this article before placing any such machine, device or table in operation.
The initial license fee shall accompany the application for the initial operator's license by the operator in question.
License fees (but not the requirement to secure a license) shall not be required to be paid by churches, fraternal or veterans' organizations and other religious, charitable or nonprofit organizations which operate amusement or entertainment machines or devices exclusively for the use of its members and their guests and upon premises owned or controlled by any such organization.
The operator shall not permit any person to bet or gamble on the licensed premises.
The operator shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
No music machine shall be operated in a manner to be heard out-of-doors.
No licensed premises shall be without adequate sanitary facilities, nor contain any fire, safety or health hazard.
Each operator shall, within five days, report in writing to the Township Clerk any change by addition or deletion of the information furnished on the license application during the term of any license or renewal thereof.
No operator shall refuse to cooperate fully with the Township Clerk and any law enforcement officer or agency of the Township.
No machine jukebox or amusement or entertainment machine or device shall be located in a so-called "backroom" nor in any part of the licensed premises which is not open to the general public.
No machine jukebox or amusement or entertainment machine or device shall be so operated or the business thereof conducted as to amount to a nuisance in fact.
No machine jukebox or amusement or entertainment machine or device shall be located outside the walls of the principal structure located upon the licensed premises.
No songs shall be played, words spoken or pictures or images depicted or projected on any machine jukebox or on any amusement or entertainment machine or device which violates the obscenity laws of New Jersey or are otherwise lewd or of pornographic sexual content.
No machine jukebox or amusement or entertainment machine or device shall be permitted to cause unnecessary and unwanted noise or commotion or otherwise interfere with the public health, welfare and morals.
No operator and/or owner-operator shall offer or permit to be offered any prize or reward to any person playing any machine jukebox or amusement or entertainment machine or device which is distributed or operated under this article.
No operator shall neglect or fail to report promptly to the Police Department any violation of any law or section of the Code occurring on the licensed premises, nor shall any operator neglect or fail to report promptly to the Chief of Police any conduct or activity prohibited by this article.
[Amended by Ord. No. 270-81]
All licenses issued hereunder shall expire on December 31 of the year in which such license is issued.
Every license issued under this article is subject to the right, which is hereby expressly reserved, to revoke the license should the licensed operator operate any machine jukebox or amusement or entertainment machine or device contrary to the provisions of this article or any other law, ordinance, or regulation or fail to cooperate fully with any enforcement officer or agency of the Township.
Any material misstatement or omission in the license application or in any information submitted therewith or the failure to notify in writing the Township of any changes by addition or deletion or amendment to the application of information during the term of any license or renewal shall constitute sufficient ground for revocation of the license.
Revocation shall be by the Council after a hearing held by the Township. The licensee shall be given 10 days' notice of the hearing, and such notice shall state the grounds therefor. At such hearing, the licensee and his attorney may present and submit evidence and witnesses in his own behalf.
Any person or other entity violating any provision of this article, in addition to the revocation of his or its license, shall, upon conviction, be liable to the penalty established in § 1-3, General penalty, of the Code of the Township of Mine Hill.